Maryland Uniform Collaborative Law Act

HOUSE BILL 1052 4lr1437
CF SB 805
D3

By: Delegates Waldstreicher, Dumais, and Luedtke
Introduced and read first time: February 6, 2014
Assigned to: Judiciary

A BILL ENTITLED

1 AN ACT concerning

2 Maryland Uniform Collaborative Law Act

3 FOR the purpose of enacting the Maryland Uniform Collaborative Law Act;
4 establishing requirements for a collaborative law participation agreement and
5 the collaborative law process; specifying when a collaborative law process begins
6 and concludes; establishing standards for the disclosure of information during
7 the collaborative law process; authorizing parties to agree on the scope of
8 confidentiality of collaborative law communications; establishing an evidentiary
9 privilege for certain collaborative law communications and providing for certain
10 waivers of and limited exceptions to the evidentiary privilege; authorizing a
11 court or certain other body to enforce agreements that result from a
12 collaborative process and to apply certain privileges under this Act; authorizing
13 a tribunal to issue certain orders for a certain purpose during a collaborative
14 law process; defining certain terms; making the provisions of this Act severable;
15 providing for the construction and application of this Act; and generally relating
16 to the Maryland Uniform Collaborative Law Act.

17 BY adding to
18 Article – Courts and Judicial Proceedings
19 Section 3–1901 through 3–1915 to be under the new subtitle “Subtitle 19.
20 Maryland Uniform Collaborative Law Act”
21 Annotated Code of Maryland
22 (2013 Replacement Volume and 2013 Supplement)

23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
24 MARYLAND, That the Laws of Maryland read as follows:

25 Article – Courts and Judicial Proceedings

26 SUBTITLE 19. MARYLAND UNIFORM COLLABORATIVE LAW ACT.

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.

[Brackets] indicate matter deleted from existing law.

*hb1052*

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1 3–1901. DEFINITIONS.

2 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
3 INDICATED.

4 (B) “COLLABORATIVE LAW COMMUNICATION” MEANS A STATEMENT,
5 WHETHER ORAL OR IN A RECORD OR VERBAL OR NONVERBAL, THAT:

6 (1) IS MADE TO CONDUCT, PARTICIPATE IN, CONTINUE, OR
7 RECONVENE A COLLABORATIVE LAW PROCESS; AND

8 (2) OCCURS AFTER THE PARTIES SIGN A COLLABORATIVE LAW

9 PARTICIPATION AGREEMENT AND BEFORE THE COLLABORATIVE LAW PROCESS
10 IS CONCLUDED.

11 (C) “COLLABORATIVE LAW PARTICIPATION AGREEMENT” MEANS AN
12 AGREEMENT BY PERSONS TO PARTICIPATE IN A COLLABORATIVE LAW PROCESS.

13 (D) “COLLABORATIVE LAW PROCESS” MEANS A PROCEDURE INTENDED

14 TO RESOLVE A COLLABORATIVE MATTER WITHOUT INTERVENTION BY A
15 TRIBUNAL IN WHICH PERSONS:

16 (1) SIGN A COLLABORATIVE LAW PARTICIPATION AGREEMENT;
17 AND

18 (2) ARE REPRESENTED BY COLLABORATIVE LAWYERS.

19 (E) “COLLABORATIVE LAWYER” MEANS A LAWYER WHO REPRESENTS A
20 PARTY IN A COLLABORATIVE LAW PROCESS.

21 (F) (1) “COLLABORATIVE MATTER” MEANS A DISPUTE, A
22 TRANSACTION, A CLAIM, A PROBLEM, OR AN ISSUE FOR RESOLUTION
23 DESCRIBED IN A COLLABORATIVE LAW PARTICIPATION AGREEMENT.

24 (2) “COLLABORATIVE MATTER” INCLUDES A DISPUTE, A CLAIM,
25 AND AN ISSUE IN A PROCEEDING.

26 (G) “NONPARTY PARTICIPANT” MEANS A PERSON OTHER THAN A PARTY
27 AND THE PARTY’S COLLABORATIVE LAWYER THAT PARTICIPATES IN A
28 COLLABORATIVE LAW PROCESS.

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1 (H) “PARTY” MEANS A PERSON THAT SIGNS A COLLABORATIVE LAW

2 PARTICIPATION AGREEMENT AND WHOSE CONSENT IS NECESSARY TO RESOLVE
3 A COLLABORATIVE MATTER.

4 (I) “PERSON” MEANS AN INDIVIDUAL, A CORPORATION, A BUSINESS
5 TRUST, AN ESTATE, A TRUST, A PARTNERSHIP, A LIMITED LIABILITY COMPANY,

6 AN ASSOCIATION, A JOINT VENTURE, A PUBLIC CORPORATION, A GOVERNMENT
7 OR GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY OR ANY
8 OTHER LEGAL OR COMMERCIAL ENTITY.

9 (J) “PERSON ELIGIBLE FOR RELIEF” INCLUDES:

10 (1) THE CURRENT OR FORMER SPOUSE OF A RESPONDENT;

11 (2) A COHABITANT OF A RESPONDENT;

12 (3) A PERSON RELATED TO A RESPONDENT BY BLOOD,
13 MARRIAGE, OR ADOPTION;

14 (4) A PARENT, STEPPARENT, CHILD, OR STEPCHILD OF A

15 RESPONDENT OR PERSON ELIGIBLE FOR RELIEF WHO RESIDES OR RESIDED
16 WITH THE RESPONDENT OR PERSON ELIGIBLE FOR RELIEF FOR AT LEAST 90
17 DAYS WITHIN 1 YEAR BEFORE THE FILING OF A PETITION FOR RELIEF UNDER
18 TITLE 4, SUBTITLE 5 OF THE FAMILY LAW ARTICLE;

19 (5) A VULNERABLE ADULT; AND

20 (6) A PERSON WHO HAS A CHILD IN COMMON WITH THE
21 RESPONDENT.

22 (K) “PROCEEDING” MEANS:

23 (1) A JUDICIAL, AN ADMINISTRATIVE, AN ARBITRAL, OR ANY
24 OTHER ADJUDICATIVE PROCESS BEFORE A TRIBUNAL, INCLUDING RELATED
25 PREHEARING AND POSTHEARING MOTIONS, CONFERENCES, AND DISCOVERY; OR

26 (2) A LEGISLATIVE HEARING OR SIMILAR PROCESS.

27 (L) “PROSPECTIVE PARTY” MEANS A PERSON THAT DISCUSSES WITH A

28 PROSPECTIVE COLLABORATIVE LAWYER THE POSSIBILITY OF SIGNING A
29 COLLABORATIVE LAW PARTICIPATION AGREEMENT.

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1 (M) “RECORD” MEANS INFORMATION THAT IS INSCRIBED ON A
2 TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR ANY OTHER
3 MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM.

4 (N) “RELATED TO A COLLABORATIVE MATTER” MEANS INVOLVING THE
5 SAME PARTIES, TRANSACTION OR OCCURRENCE, NUCLEUS OF OPERATIVE FACT,
6 DISPUTE, CLAIM, OR ISSUE AS THE COLLABORATIVE MATTER.

7 (O) “SIGN” MEANS, WITH PRESENT INTENT TO AUTHENTICATE OR
8 ADOPT A RECORD, TO:

9 (1) EXECUTE OR ADOPT A TANGIBLE SYMBOL; OR

10 (2) ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN
11 ELECTRONIC SYMBOL, SOUND, OR PROCESS.

12 (P) “TRIBUNAL” MEANS:

13 (1) A COURT, AN ARBITRATOR, AN ADMINISTRATIVE AGENCY, OR
14 ANY OTHER BODY ACTING IN AN ADJUDICATIVE CAPACITY THAT, AFTER
15 PRESENTATION OF EVIDENCE OR LEGAL ARGUMENT, HAS JURISDICTION TO
16 RENDER A DECISION AFFECTING A PARTY’S INTERESTS IN A MATTER; OR

17 (2) A LEGISLATIVE BODY CONDUCTING A HEARING OR SIMILAR
18 PROCESS.

19 3–1902. COLLABORATIVE LAW PARTICIPATION AGREEMENT; REQUIREMENTS.

20 (A) A COLLABORATIVE LAW PARTICIPATION AGREEMENT SHALL:

21 (1) BE IN A RECORD;

22 (2) BE SIGNED BY THE PARTIES;

23 (3) STATE THE PARTIES’ INTENTION TO RESOLVE A
24 COLLABORATIVE MATTER THROUGH A COLLABORATIVE LAW PROCESS UNDER
25 THIS SUBTITLE;

26 (4) DESCRIBE THE NATURE AND SCOPE OF THE MATTER;

27 (5) IDENTIFY THE COLLABORATIVE LAWYER WHO REPRESENTS
28 EACH PARTY IN THE PROCESS; AND

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1 (6) CONTAIN A STATEMENT BY EACH COLLABORATIVE LAWYER
2 CONFIRMING THE LAWYER’S REPRESENTATION OF A PARTY IN THE
3 COLLABORATIVE LAW PROCESS.

4 (B) THE PARTIES MAY AGREE TO INCLUDE IN A COLLABORATIVE LAW

5 PARTICIPATION AGREEMENT ADDITIONAL PROVISIONS CONSISTENT WITH THIS
6 SUBTITLE.

7 3–1903. BEGINNING AND CONCLUDING A COLLABORATIVE LAW PROCESS.

8 (A) A COLLABORATIVE LAW PROCESS BEGINS WHEN THE PARTIES SIGN
9 A COLLABORATIVE LAW PARTICIPATION AGREEMENT.

10 (B) A TRIBUNAL MAY NOT ORDER A PARTY TO PARTICIPATE IN A
11 COLLABORATIVE LAW PROCESS OVER THAT PARTY’S OBJECTION.

12 (C) A COLLABORATIVE LAW PROCESS IS CONCLUDED BY:

13 (1) A RESOLUTION OF A COLLABORATIVE MATTER AS EVIDENCED
14 BY A SIGNED RECORD;

15 (2) A RESOLUTION OF A PART OF THE COLLABORATIVE MATTER,
16 EVIDENCED BY A SIGNED RECORD, IN WHICH THE PARTIES AGREE THAT THE
17 REMAINING PARTS OF THE MATTER WILL NOT BE RESOLVED IN THE PROCESS;

18 OR

19 (3) A TERMINATION OF THE PROCESS.

20 (D) A COLLABORATIVE LAW PROCESS TERMINATES:

21 (1) WHEN A PARTY GIVES NOTICE TO OTHER PARTIES IN A
22 RECORD THAT THE PROCESS IS ENDED;

23 (2) WHEN A PARTY:

24 (I) BEGINS A PROCEEDING RELATED TO A COLLABORATIVE
25 MATTER WITHOUT THE AGREEMENT OF ALL PARTIES; OR

26 (II) IN A PENDING PROCEEDING RELATED TO THE MATTER:

27 1. INITIATES A PLEADING, A MOTION, AN ORDER TO
28 SHOW CAUSE, OR A REQUEST FOR A CONFERENCE WITH THE TRIBUNAL;

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1 2. REQUESTS THAT THE PROCEEDING BE PUT ON
2 THE TRIBUNAL’S CALENDAR; OR

3 3. TAKES SIMILAR ACTION REQUIRING NOTICE TO
4 BE SENT TO THE PARTIES; OR

5 (3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (G) OF
6 THIS SECTION, WHEN A PARTY DISCHARGES A COLLABORATIVE LAWYER OR A
7 COLLABORATIVE LAWYER WITHDRAWS FROM FURTHER REPRESENTATION OF A
8 PARTY.

9 (E) A PARTY’S COLLABORATIVE LAWYER SHALL GIVE PROMPT NOTICE
10 TO ALL OTHER PARTIES IN A RECORD OF A DISCHARGE OR WITHDRAWAL.

11 (F) A PARTY MAY TERMINATE A COLLABORATIVE LAW PROCESS WITH
12 OR WITHOUT CAUSE.

13 (G) NOTWITHSTANDING THE DISCHARGE OR WITHDRAWAL OF A
14 COLLABORATIVE LAWYER, A COLLABORATIVE LAW PROCESS CONTINUES IF,
15 WITHIN 30 DAYS AFTER THE DATE THAT THE NOTICE OF DISCHARGE OR
16 WITHDRAWAL OF A COLLABORATIVE LAWYER REQUIRED BY SUBSECTION (E) OF
17 THIS SECTION IS SENT TO THE PARTIES:

18 (1) THE UNREPRESENTED PARTY ENGAGES A SUCCESSOR
19 COLLABORATIVE LAWYER; AND

20 (2) IN A SIGNED RECORD:

21 (I) THE PARTIES CONSENT TO CONTINUE THE PROCESS BY
22 REAFFIRMING THE COLLABORATIVE LAW PARTICIPATION AGREEMENT;

23 (II) THE AGREEMENT IS AMENDED TO IDENTIFY THE
24 SUCCESSOR COLLABORATIVE LAWYER; AND

25 (III) THE SUCCESSOR COLLABORATIVE LAWYER CONFIRMS
26 THE LAWYER’S REPRESENTATION OF A PARTY IN THE COLLABORATIVE
27 PROCESS.

28 (H) A COLLABORATIVE LAW PROCESS DOES NOT CONCLUDE IF, WITH
29 THE CONSENT OF THE PARTIES, A PARTY REQUESTS A TRIBUNAL TO APPROVE A
30 RESOLUTION OF THE COLLABORATIVE MATTER OR ANY PART OF THE
31 COLLABORATIVE MATTER AS EVIDENCED BY A SIGNED RECORD.

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1 (I) A COLLABORATIVE LAW PARTICIPATION AGREEMENT MAY PROVIDE
2 ADDITIONAL METHODS OF CONCLUDING A COLLABORATIVE LAW PROCESS.

3 3–1904. EMERGENCY ORDER.

4 DURING A COLLABORATIVE LAW PROCESS, A TRIBUNAL MAY ISSUE
5 EMERGENCY ORDERS TO PROTECT THE HEALTH, SAFETY, WELFARE, OR
6 INTEREST OF A PERSON ELIGIBLE FOR RELIEF.

7 3–1905. APPROVAL OF AGREEMENT BY TRIBUNAL.

8 A TRIBUNAL MAY APPROVE AN AGREEMENT RESULTING FROM A
9 COLLABORATIVE LAW PROCESS.

10 3–1906. DISCLOSURE OF INFORMATION.

11 (A) EXCEPT AS PROVIDED BY LAW OTHER THAN THIS SUBTITLE,
12 DURING THE COLLABORATIVE LAW PROCESS A PARTY SHALL:

13 (1) ON THE REQUEST OF ANOTHER PARTY, MAKE TIMELY, FULL,
14 CANDID, AND INFORMAL DISCLOSURE OF INFORMATION RELATED TO THE
15 COLLABORATIVE MATTER WITHOUT FORMAL DISCOVERY; AND

16 (2) UPDATE PROMPTLY PREVIOUSLY DISCLOSED INFORMATION
17 THAT HAS MATERIALLY CHANGED.

18 (B) PARTIES MAY DEFINE THE SCOPE OF DISCLOSURE DURING THE
19 COLLABORATIVE LAW PROCESS.

20 3–1907. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND REPORTING NOT
21 AFFECTED.

22 THIS SUBTITLE DOES NOT AFFECT:

23 (1) THE PROFESSIONAL RESPONSIBILITY OBLIGATIONS AND
24 STANDARDS APPLICABLE TO A LAWYER OR OTHER LICENSED PROFESSIONAL;

25 OR

26 (2) THE OBLIGATION OF A PERSON TO REPORT ABUSE OR
27 NEGLECT, ABANDONMENT, OR EXPLOITATION OF A CHILD OR AN ADULT UNDER
28 STATE LAW.

29 3–1908. CONFIDENTIALITY OF COLLABORATIVE LAW COMMUNICATION.

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1 A COLLABORATIVE LAW COMMUNICATION IS CONFIDENTIAL TO THE
2 EXTENT AGREED BY THE PARTIES IN A SIGNED RECORD OR AS PROVIDED BY
3 STATE LAW OTHER THAN IN THIS SUBTITLE.

4 3–1909. PRIVILEGE AGAINST DISCLOSURE FOR COLLABORATIVE LAW
5 COMMUNICATION; ADMISSIBILITY; DISCOVERY.

6 (A) SUBJECT TO §§ 3–1911 AND 3–1912 OF THIS SUBTITLE, A
7 COLLABORATIVE LAW COMMUNICATION IS PRIVILEGED UNDER SUBSECTION (B)
8 OF THIS SECTION, IS NOT SUBJECT TO DISCOVERY, AND IS NOT ADMISSIBLE IN
9 EVIDENCE.

10 (B) IN A PROCEEDING, THE FOLLOWING PRIVILEGES APPLY:

11 (1) A PARTY MAY REFUSE TO DISCLOSE AND MAY PREVENT ANY
12 OTHER PERSON FROM DISCLOSING A COLLABORATIVE LAW COMMUNICATION;
13 AND

14 (2) A NONPARTY PARTICIPANT MAY REFUSE TO DISCLOSE AND
15 MAY PREVENT ANY OTHER PERSON FROM DISCLOSING A COLLABORATIVE LAW
16 COMMUNICATION OF THE NONPARTY PARTICIPANT.

17 (C) EVIDENCE OR INFORMATION THAT IS OTHERWISE ADMISSIBLE OR
18 SUBJECT TO DISCOVERY DOES NOT BECOME INADMISSIBLE OR PROTECTED
19 FROM DISCOVERY SOLELY BECAUSE OF ITS DISCLOSURE OR USE IN A
20 COLLABORATIVE LAW PROCESS.

21 3–1910. WAIVER AND PRECLUSION OF PRIVILEGE.

22 (A) A PRIVILEGE UNDER § 3–1909 OF THIS SUBTITLE MAY BE WAIVED IN
23 A RECORD OR ORALLY DURING A PROCEEDING IF IT IS EXPRESSLY WAIVED BY
24 EACH PARTY AND, IN THE CASE OF THE PRIVILEGE OF A NONPARTY
25 PARTICIPANT, THE PRIVILEGE IS ALSO EXPRESSLY WAIVED BY THE NONPARTY
26 PARTICIPANT.

27 (B) A PERSON THAT MAKES A DISCLOSURE OR REPRESENTATION
28 ABOUT A COLLABORATIVE LAW COMMUNICATION THAT PREJUDICES ANOTHER
29 PERSON IN A PROCEEDING MAY NOT ASSERT A PRIVILEGE UNDER § 3–1909 OF
30 THIS SUBTITLE, BUT THIS PRECLUSION APPLIES ONLY TO THE EXTENT
31 NECESSARY FOR THE PERSON PREJUDICED TO RESPOND TO THE DISCLOSURE
32 OR REPRESENTATION.

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1 3–1911. LIMITS OF PRIVILEGE.

2 (A) THERE IS NO PRIVILEGE UNDER § 3–1909 OF THIS SUBTITLE FOR A
3 COLLABORATIVE LAW COMMUNICATION THAT IS:

4 (1) AVAILABLE TO THE PUBLIC UNDER TITLE 10, SUBTITLE 6 OF
5 THE STATE GOVERNMENT ARTICLE OR MADE DURING A SESSION OF A

6 COLLABORATIVE LAW PROCESS THAT IS OPEN OR IS REQUIRED BY LAW TO BE
7 OPEN TO THE PUBLIC;

8 (2) A THREAT OR STATEMENT OF A PLAN TO INFLICT BODILY
9 INJURY OR COMMIT A CRIME OF VIOLENCE;

10 (3) INTENTIONALLY USED TO PLAN A CRIME, COMMIT OR
11 ATTEMPT TO COMMIT A CRIME, OR CONCEAL AN ONGOING CRIME OR ONGOING
12 CRIMINAL ACTIVITY; OR

13 (4) IN AN AGREEMENT RESULTING FROM THE COLLABORATIVE
14 LAW PROCESS, EVIDENCED BY A RECORD SIGNED BY ALL PARTIES TO THE
15 AGREEMENT.

16 (B) THE PRIVILEGES UNDER § 3–1909 OF THIS SUBTITLE FOR A

17 COLLABORATIVE LAW COMMUNICATION DO NOT APPLY TO THE EXTENT THAT A
18 COMMUNICATION IS SOUGHT OR OFFERED TO PROVE OR DISPROVE:

19 (1) A CLAIM OR COMPLAINT OF PROFESSIONAL MISCONDUCT OR

20 MALPRACTICE ARISING FROM OR RELATED TO A COLLABORATIVE LAW
21 PROCESS; OR

22 (2) ABUSE, NEGLECT, ABANDONMENT, OR EXPLOITATION OF A
23 CHILD OR AN ADULT, UNLESS THE DEPARTMENT OF SOCIAL SERVICES FOR THE

24 COUNTY IN WHICH THE CHILD OR ADULT RESIDES IS A PARTY TO OR OTHERWISE
25 PARTICIPATES IN THE PROCESS.

26 (C) THERE IS NO PRIVILEGE UNDER § 3–1909 OF THIS SUBTITLE IF A
27 TRIBUNAL FINDS, AFTER A HEARING IN CAMERA, THAT THE PARTY SEEKING

28 DISCOVERY OR THE PROPONENT OF THE EVIDENCE HAS SHOWN THE EVIDENCE
29 IS NOT OTHERWISE AVAILABLE, THE NEED FOR THE EVIDENCE SUBSTANTIALLY
30 OUTWEIGHS THE INTEREST IN PROTECTING CONFIDENTIALITY, AND THE
31 COLLABORATIVE LAW COMMUNICATION IS SOUGHT OR OFFERED IN:

32 (1) A COURT PROCEEDING INVOLVING A FELONY OR
33 MISDEMEANOR; OR

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1 (2) A PROCEEDING SEEKING RESCISSION OR REFORMATION OF A
2 CONTRACT ARISING OUT OF THE COLLABORATIVE LAW PROCESS OR IN WHICH A
3 DEFENSE TO AVOID LIABILITY ON THE CONTRACT IS ASSERTED.

4 (D) IF A COLLABORATIVE LAW COMMUNICATION IS SUBJECT TO AN
5 EXCEPTION UNDER SUBSECTION (B) OR (C) OF THIS SECTION, ONLY THE PART
6 OF THE COMMUNICATION NECESSARY FOR THE APPLICATION OF THE
7 EXCEPTION MAY BE DISCLOSED OR ADMITTED.

8 (E) DISCLOSURE OR ADMISSION OF EVIDENCE EXCEPTED FROM THE
9 PRIVILEGE UNDER SUBSECTION (B) OR (C) OF THIS SECTION DOES NOT MAKE
10 THE EVIDENCE OR ANY OTHER COLLABORATIVE LAW COMMUNICATION
11 DISCOVERABLE OR ADMISSIBLE FOR ANY OTHER PURPOSE.

12 (F) (1) THE PRIVILEGES UNDER § 3–1909 OF THIS SUBTITLE DO NOT
13 APPLY IF THE PARTIES AGREE IN ADVANCE IN A SIGNED RECORD OR, IF A
14 RECORD OF A PROCEEDING REFLECTS AGREEMENT BY THE PARTIES, THAT ALL
15 OR PART OF A COLLABORATIVE LAW PROCESS IS NOT PRIVILEGED.

16 (2) THIS SUBSECTION DOES NOT APPLY TO A COLLABORATIVE
17 LAW COMMUNICATION MADE BY A PERSON THAT DID NOT RECEIVE ACTUAL
18 NOTICE OF THE AGREEMENT BEFORE THE COMMUNICATION WAS MADE.

19 3–1912. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE.

20 (A) NOTWITHSTANDING THE FAILURE OF AN AGREEMENT TO MEET THE
21 REQUIREMENTS OF § 3–1902 OF THIS SUBTITLE, A TRIBUNAL MAY FIND THAT
22 THE PARTIES INTENDED TO ENTER INTO A COLLABORATIVE LAW
23 PARTICIPATION AGREEMENT IF THE PARTIES:

24 (1) SIGNED A RECORD INDICATING AN INTENTION TO ENTER INTO
25 A COLLABORATIVE LAW PARTICIPATION AGREEMENT; AND

26 (2) REASONABLY BELIEVED THEY WERE PARTICIPATING IN A
27 COLLABORATIVE LAW PROCESS.

28 (B) IF A TRIBUNAL MAKES THE FINDINGS SPECIFIED IN SUBSECTION (A)
29 OF THIS SECTION AND THE INTERESTS OF JUSTICE REQUIRE, THE TRIBUNAL
30 MAY:

31 (1) ENFORCE AN AGREEMENT EVIDENCED BY A RECORD
32 RESULTING FROM THE PROCESS IN WHICH THE PARTIES PARTICIPATED; AND

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1 (2) APPLY THE PRIVILEGES UNDER § 3–1909 OF THIS SUBTITLE.

2 3–1913. UNIFORMITY OF APPLICATION AND CONSTRUCTION.

3 IN APPLYING AND CONSTRUING THIS UNIFORM ACT, CONSIDERATION
4 SHALL BE GIVEN TO THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH
5 RESPECT TO ITS SUBJECT MATTER AMONG STATES THAT ENACT IT.

6 3–1914. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
7 COMMERCE ACT.

8 THIS SUBTITLE MODIFIES, LIMITS, AND SUPERSEDES THE FEDERAL
9 ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15
10 U.S.C.A. § 7001 ET SEQ., BUT DOES NOT MODIFY, LIMIT, OR SUPERSEDE §
11 101(C) OF THAT ACT, 15 U.S.C.A. § 7001(C), OR AUTHORIZE ELECTRONIC
12 DELIVERY OF ANY OF THE NOTICES DESCRIBED IN § 103(B) OF THAT ACT, 15
13 U.S.C.A. § 7003(B).

14 3–1915. SHORT TITLE.

15 THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM
16 COLLABORATIVE LAW ACT.

17 SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
18 Act or the application thereof to any person or circumstance is held invalid for any
19 reason in a court of competent jurisdiction, the invalidity does not affect other
20 provisions or any other application of this Act which can be given effect without the
21 invalid provision or application, and for this purpose the provisions of this Act are
22 declared severable.

23 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to a
24 collaborative law participation agreement that meets the requirements of § 3–1902 of
25 the Courts Article, as enacted by Section 1 of this Act, on or after the effective date of
26 this Act.

27 SECTION 4. AND BE IT FURTHER ENACTED, That the catchlines or
28 captions contained in this Act are not law and may not be considered to have been
29 enacted as a part of this Act.

30 SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
31 October 1, 2014.